header-logo header-logo

Straw to regulate CFAs

21 May 2009
Issue: 7370 / Categories: Legal News , Damages , Costs , Employment
printer mail-detail

Costs

The Ministry of Justice (MoJ) is clamping down on “contingency fee agreements”, where “no win no fee” lawyers extract a large proportion of their client’s damages for excessive legal fees.

The damages-based arrangements are most common in employment tribunal proceedings and are largely unregulated. The MoJ intends to use the Coroners and Justice Bill, currently before Parliament, to introduce proper regulation to protect against unfair or unreasonable agreements.

The new regulations are likely to include: a cap on the percentage of damages that can be recovered by the legal representative; a requirement that legal representatives provide claimants with clear and transparent information on total costs; a requirement that legal representatives clarify the deductions made from the claimant’s award which are to go to the representative as their fee for taking on the case; and a requirement that they provide explicit information on alternative methods of funding.

The justice secretary, Jack Straw, says: “These arrangements—unlike, for example, conditional fee agreements—have been without statutory regulation because of an anomalous and long standing interpretation of the law which has classified proceedings in employment tribunals as ‘non-contentious’.”

The department is due to publish a consultation paper with more details.

(For more on costs see this issue pp 737–748.)

Issue: 7370 / Categories: Legal News , Damages , Costs , Employment
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll